Stephen S. Brockmann v. Department of the Air Force

The ruling of the Supreme Court in Department of the Navy v. Egan, 484 U.S. 518, 108 S.Ct. 818, 98 L.Ed.2d 918 (1988), bars judicial review, as well as review by the Merit Systems Protection Board, of the agency’s grounds for withdrawal of Mr. Brockmann’s security clearance when, as in Navy v. Egan, the grounds raise no colorable constitutional issue. In this ease, however, the MSPB’s ruling that constitutional issues can not be considered when security clearance is involved, even if the constitutional claim is colorable, deprived Mr. Broekmann of the opportunity to develop these issues, and…